21 The Complaints Commission may, at the request of the party who made the request under section 19 or on its own initiative, order the production of the requested document, thing or information that the Complaints Commission considers necessary to the full investigation and consideration of matters before it.

22 A party who fails to comply with a request for production and who has not been the subject of an order of the Complaints Commission under section 21 may not put the document, thing or information in evidence unless authorized by the Complaints Commission.

23 A party whose request for production under section 19 has not been complied with may, with the authorization of the Complaints Commission, introduce secondary evidence of the document, thing or information.

Intervention

24(1) A person who intends to satisfy the Complaints Commission that the person has a substantial and direct interest in a hearing shall file with the Complaints Commission, within 14 days after the day on which the notice of hearing is issued,

(a) a notice of motion to intervene, dated and signed by the person making the motion or that person’s counsel;

(b) an affidavit, and any supporting documents, setting out the facts on which the motion is based.

(e) the official language the moving person intends to use during the motion.

(3) The person seeking the authorization to intervene shall serve a copy of the notice of motion to intervene and the affidavit and any supporting documentation on the parties without delay after the documents are filed with the Complaints Commission.

25 A party who has been served with a copy of the notice of motion to intervene may, within seven days after the service, file with the Complaints Commission and serve on the other parties and the person seeking the authorization to intervene a response to the motion, dealing with the matters raised in the motion and stating whether the party intends to oppose the motion and, if so, on what grounds.

26 The Complaints Commission shall serve on the person seeking the authorization to intervene and the parties its decision with respect to a motion to intervene.

27 If a motion to intervene is granted, the parties shall serve on the intervenor a copy of each of the documents filed by them before the granting of the motion.

28 The Complaints Commission shall serve on the intervenor a written notice specifying the date, time and place of the hearing.

Preliminary Motions

29 Any party may, in writing at least 14 days before the date scheduled for the hearing, submit any preliminary issues or questions to the Complaints Commission by way of notice of motion. The Complaints Commission may hear oral arguments from the parties if the Complaints Commission determines it necessary.

Pre-hearing Conference

30 The Complaints Commission may order that the parties appear before the Complaints Commission or one of its members, before the hearing, to consider

31 The Complaints Commission shall keep minutes of the pre-hearing conference, including any decisions made or agreements reached, and shall deliver a copy of the minutes to the parties.

32 All decisions made or agreements reached at the pre-hearing conference bind the parties during the hearing.

Summons

33(1) The Complaints Commission may, at the request of a party made at least 14 days before the witness is required to appear or on its own initiative, in accordance with section 250.41 of the Act, summon a witness and compel them to testify and to produce documents or things under their control that the Complaints Commission considers necessary to the full investigation and consideration of matters before it.

(3) If the Complaints Commission decides to summon a witness, the summons shall be substantially in the form set out in Schedule 1, sealed with the Complaints Commission’s seal and served by the Complaints Commission on the witness.

Expert Witnesses

34 A copy of an expert witness’s report shall, at least 14 days before the expert witness’s appearance, be filed with the Complaints Commission and served on the other parties. The report shall be signed by the expert witness and shall

(a) include the name, address, title and qualifications of the expert witness; and

(b) contain a brief summary of the substance of the expert witness’s proposed testimony, including their observations, test results if applicable, conclusions and, in the case of a physician, a diagnosis and prognosis.

Testimony

35 All testimony before the Complaints Commission shall be given under oath or solemn affirmation.

Exclusion of Witnesses

36(1) The Complaints Commission may, at the request of a party or on its own initiative, order that witnesses be excluded from the hearing until they are called to testify.

(2) No person shall communicate to a witness who has been excluded from the hearing any evidence or testimony that is given during the course of a hearing until after the witness has testified.

Examining Witnesses

37(1) Unless the Complaints Commission orders otherwise, the examination of the witnesses shall be as follows:

(c) as required, re-examination by the counsel for the Complaints Commission.

(2) In the absence of an agreement between the parties, the Complaints Commission shall determine the order in which the parties are entitled to cross-examine witnesses.

Adjournment

38 The Complaints Commission may adjourn a hearing at the request of a party or on its own initiative.

Motions

39(1) Unless otherwise provided for in these Rules, at any time during the proceedings, a question may be brought before the Complaints Commission by written notice of motion or orally in the course of a hearing.

(2) A notice of motion shall clearly state the facts, the grounds for the motion and the order sought.

(ii) is an expert, counsel or other person whose services have been retained by the Complaints Commission in the course of the hearing and whom the Complaints Commission determines should be present to assist the Complaints Commission in its work, or